Florida Senate - 2023                              CS for SB 532
       
       
        
       By the Committee on Banking and Insurance; and Senator Burton
       
       
       
       
       
       597-02623-23                                           2023532c1
    1                        A bill to be entitled                      
    2         An act relating to money services businesses; amending
    3         s. 560.103, F.S.; revising the definition of the term
    4         “control person” for purposes of ch. 560, F.S.;
    5         defining terms; providing an effective date.
    6          
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Subsection (10) of section 560.103, Florida
   10  Statutes, is amended to read:
   11         560.103 Definitions.—As used in this chapter, the term:
   12         (10) “Control person” means, with respect to a money
   13  services business, any of the following:
   14         (a) A person who holds the title of president, treasurer,
   15  chief executive officer, chief financial officer, chief
   16  operations officer, chief legal officer, or compliance officer
   17  for a money services business.
   18         (b) A person who holds any of the officer, general partner,
   19  manager, or managing member positions named in the money
   20  services business’s governing documents. As used in this
   21  paragraph, the term “governing documents” includes bylaws,
   22  articles of incorporation or organization, partnership
   23  agreements, shareholder agreements, and management or operating
   24  agreements.
   25         (c) A person who holds any position named by the money
   26  services business’s liability insurance coverage for directors
   27  and officers, if the business has such coverage.
   28         (d) A director of the money services business’s board of
   29  directors.
   30         (e) A person who directs the affairs of a money services
   31  business or who participates in, or has authority to participate
   32  in, the major policymaking functions of a money services
   33  business, regardless of whether the person has an official title
   34  or receives a salary or other compensation.
   35         (d)(f)A shareholder whose name shares are registered in
   36  the records of a corporation for profit, whether incorporated
   37  under the laws of this state or organized under the laws of any
   38  other jurisdiction and existing in that legal form, who owns 25
   39  percent or more of a class of the company’s equity securities
   40  For a money services business that is a corporation, all
   41  shareholders that, directly or indirectly, own 25 percent or
   42  more or that have the power to vote 25 percent or more of a
   43  class of voting securities.
   44         (e)(g)A general partner or a limited partner, as those
   45  terms are defined in s. 620.1102, or a special partner who has a
   46  25 percent or greater transferable interest, as defined in s.
   47  620.1102, of a limited partnership, limited liability limited
   48  partnership, foreign limited partnership, or foreign limited
   49  liability limited partnership, as those terms are defined in s.
   50  620.1102. For purposes of this paragraph, a special partner has
   51  the same meaning as a person that has rights, powers, and
   52  obligations similar to those of a limited partner, as defined in
   53  s. 620.1102, in a limited partnership For a money services
   54  business that is a partnership, all general partners, and those
   55  limited or special partners that have contributed 25 percent or
   56  more or that have the right to receive upon dissolution 25
   57  percent or more of the partnership’s capital.
   58         (f)(h)A member, as defined in s. 605.0102, who holds a 25
   59  percent or greater membership interest in a limited liability
   60  company or a foreign limited liability company, as those terms
   61  are defined in s. 605.0102. As used in this subsection, the term
   62  “membership interest” means a member’s right to receive
   63  distributions or other rights, such as voting rights or
   64  management rights, under the articles of organization For a
   65  money services business that is a limited liability company, all
   66  managers, and those members that have contributed 25 percent or
   67  more or that have the right to receive upon dissolution 25
   68  percent or more of the limited liability company’s capital.
   69         (g)A beneficial owner of any legal entity referred to in
   70  paragraphs (d)-(f). As used in this paragraph, the term
   71  “beneficial owner” means each individual, if any, who, directly
   72  or indirectly, through any contract, arrangement, understanding,
   73  or relationship other than a revocable proxy, owns 25 percent or
   74  more of the shares or stock interest, transferable interest as
   75  defined in s. 620.1102, or membership interest of a legal
   76  entity.
   77         Section 2. This act shall take effect July 1, 2023.